Defense attorneys in Arizona’s fake elector case call prosecutors politically motivated

By JOSH KELETY and JACQUES BILLEAUD The Associated Press

PHOENIX (AP) — Attorneys representing Republicans accused of scheming to overturn the results of the 2020 presidential race in Arizona argued Tuesday that prosecutors were politically motivated in seeking a grand jury indictment against their clients.

Their charges came on the a second day of a hearing as Maricopa County Superior Court Judge Bruce Cohen considers requests from at least a dozen of the 18 people indicted in the case to dismiss charges of fraud, conspiracy and forgery. Cohen said he’ll rule separately on each motion — potentially at different times — after hearing from the prosecution Wednesday.

Defense lawyers argued that Democratic state Attorney General Kris Mayes tried to use the indictment to silence their clients’ constitutionally protected speech about the 2020 election and actions taken in response to its outcome. President Joe Biden won Arizona by 10,457 votes.

They said Mayes campaigned on investigating fake electors and showed a bias against former President Donald Trump and his supporters.

“Why you would bring this action in 2024 reeks, reeks of political vengeance and retribution,” said Dennis Wilenchik, an attorney for James Lamon, who signed a statement claiming Trump had won Arizona.

Prosecutors say the defendants don’t have evidence to back up their retaliation claim.

“This case was indicted after a lengthy, multimonth grand jury presentation by members of the defendants’ peers from across the state,” lead prosecutor Nicholas Klingerman said outside court Tuesday. “That grand jury was independent and made its own decision to indict this case.”

Defense attorneys broadly cited an Arizona law that bars using baseless legal actions in a bid to silence critics. The law had long offered protections in civil cases but was amended in 2022 by the Republican-led Legislature to cover people facing most criminal charges.

Cohen probed the defense arguments, questioning the assertion that their alleged activity was constitutionally protected.

“Fraud is not protected. Forgery is not protected,” Cohen said. “Where is that an exercise of free speech?”

Among those charged are 11 people who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to Trump, including Rudy Giuliani.

The indictment alleges that Giuliani pressured Maricopa County officials and state legislators to change the election results and encouraged Republican electors in the state to vote for Trump in mid-December 2020. The indictment says Giuliani spread false claims of election fraud in Arizona and presided over a downtown Phoenix gathering where he claimed officials made no effort to determine the accuracy of presidential election results.

Giuliani’s attorney, Mark Williams, defended his client’s conduct Monday as legal and said the indictment was brought to deprive Giuliani of his rights, such as freedom of speech.

John Eastman, one of the defendants who devised a strategy to try to persuade Congress not to certify the election, said Monday that he’s looking forward to Cohen’s rulings.

The remaining defendants have pleaded not guilty. Their trial is scheduled to start Jan. 5, 2026.

Former Trump presidential chief of staff Mark Meadows is trying to move his charges to federal court, where his lawyers say they will seek a dismissal.

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This story was first published Aug. 27, 2024. It was updated Aug. 28, 2024, to add the year a trial for the remaining defendants is scheduled to start. It is scheduled for Jan. 5, 2026, not Jan. 5, 2025.

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Associated Press writer Sejal Govindarao contributed to this report.